Do’s and Don’ts with trial employment periods

April 24, 2017

Your trial period checklist

1.Ensure the trial period clause meets legislative requirements:

  • That the trial is for the specified period is not exceeding 90 days starting at the commencement of employment;
  • That during the trial, the employee can be dismissed;
  • That, if dismissed, the employee cannot bring a personal grievance or other legal proceedings in respect of the dismissal.

2.Use the trial period only for new employees you have never employed before.
3.Ensure the new employee is aware of the trial period clause and ensure they have adequate opportunity to get independent advice on their employment agreement.
4.Ensure the employee signs the agreement before they commence work.
5.Pre-employment assessments are best done in a mock situation rather than within the business operation. Never offer any reward or create an expectation that the person will be rewarded for any work done in an assessment.
6.Follow a process during the trial period including giving the employee regular feedback on good or bad, and if necessary, remind the employee of the trial period.
7.If you decide to terminate under the trial period, ensure you actually “give notice” as required by the legislation.

*information courtesy of EMA